Sarah FackrellIt's a SCOTUS opinion day.
Will today be #BadSpaniels day?
https://www.scotusblog.com/case-files/cases/jack-daniels-properties-inc-v-vip-products-llc-2/
SCOTUS: "We hold only that [the Rogers test] is not appropriate when the accused infringer has used a trademark to designate the source of its own goods—in other words, has used a trademark as a trademark. That kind of use falls within the heartland of trademark law, and does not receive special First Amendment protection."
"Today’s opinion is narrow. We do not decide whether the Rogers test is ever appropriate, or how far the 'noncommercial use' exclusion goes. On infringement, we hold only that Rogers does not apply when the challenged use of a mark is as a mark. On dilution, we hold only that the noncommercial exclusion does not shield parody or other commentary when its use of a mark is similarly source identifying."